The Florida Bar News
November 15, 2007
By Jan Pudlow, Senior Editor
State Settles Disability Access Issue Lawsuit
Paves the way for accommodations for all deaf lawyers
Scott Harrison, a deaf lawyer in solo practice who sued the state because he was denied real-time court reporting services in criminal trials, has reached a settlement that will give him the accommodation he sought.
A week later, on November 5, Chief Justice Fred Lewis approved new guidelines that spell out attorneys who are deaf or hard of hearing will now be provided with real-time court reporting services at court expense in county and circuit court criminal trials.
The new guidelines go on to say that real-time court reporting services in "other county and circuit court criminal proceedings in which the court is already providing court reporting services to comply with constitutional requirements will be considered on a case-by-case basis."
Previously, the state's position was that "the employer is financially responsible for reasonable accommodations an attorney with a disability requires in order to effectively represent the client in a court proceeding."
Harrison argued he was a sole practitioner who could not afford to pay for his own real-time court reporting services, which he said he only needs for criminal trials.
According to the October 26 settlement signed by State Courts Administrator Lisa Goodner, Harrison "shall be entitled to the provision of real-time transcription services in criminal trials while he has an impairment which, without mitigating measures, substantially limits a major life activity, consistent with decisional case law. Should plaintiff undergo any treatment which mitigates his hearing impairment such that he no longer is substantially limited in a major life activity, he will not be entitled to the accommodation provided in this settlement agreement."
The defendants -- the State of Florida, OSCA, and court administrators for the 18th and Ninth judicial circuits -- denied any liability. The settlement pays Harrison, who represented himself in his Title II ADA lawsuit filed in the Middle District Court of Florida, $19,600 for legal fees.
"I'm just glad it's over so I can continue practicing criminal law in Florida," said Harrison, who practices in the Orlando area.
At The Florida Bar's General Meeting in Tampa September 6. Harrison shared his frustrations with a Rules of Judicial Administration subcommittee, chaired by 18th Circuit Judge Lisa Davidson. Workgroup members were uneasy taking on interpretations of substantive law in Harrison's pending federal case, but decided to continue to address procedural issues relating to a proposal by the Equal Opportunities Law Section to bolster Florida's existing Rule 2.540 (Notices to Persons with Disabilities). (See October 1 Bar News).
The workgroup will continue discussing the issue in a teleconference November 6, after this News went to press. The workgroup plans to present the proposed rule to the full committee in January.
Meanwhile, in the separate process at the Supreme Court, the new guidelines -- as well as procedures for requesting the accommodations -- were distributed to all chief judges in the 20 circuits, as well as chief judges of the district courts of appeal, state courts administrator, appellate clerks and marshals, trial court administrators, and court ADA coordinators.
"I ask that you take the appropriate steps to implement the guidelines as quickly as possible," Chief Justice Lewis said in his memo.
"I have directed the Office of the State Courts Administrator to incorporate the guidelines into the State Courts System's Americans with Disabilities Act Title II Guidelines and post the guidelines on the ADA page of the Florida Courts Web site (www.flcourts.org)."
Questions regarding the guidelines should be directed to the attention of Debbie Howells, statewide ADA coordinator of OSCA, at 850-922-4370, or Laura Rush, general counsel of OCSA, at 850-488-1824.
Related Links:
- Harrison Settlement Agreement
- Courtroom Policy Accommodations for Attorneys with Disabilities - November 2007
